The order by U.S. District Judge Amit Mehta in Washington authorizes three cases filed by Democratic members on Capitol Hill and two U.S. Capitol Police officers against former President Trump and other militia groups, such as the Proud Boys, Oath Keepers, and Warboys, to continue forward. Trump was allegedly participating in a civil conspiracy to sabotage the election, according to the lawsuits, The Wall Street Journal said.
A federal judge ruled on Friday that a landmark series of lawsuits against former President Donald Trump can move forward over his actions leading up to the January 6 attack on the United States Capitol, ruling that his status as president at the time does not protect him from being held accountable in court for his role in the events that led to the attack on the US Capitol, reported CNN.
According to her 112-page opinion, Trump’s January 6 Rally Speech could also be viewed as an appeal for collective action and denial of immunity from civil damages “is no small step.”
Judge Mehta, who was appointed by President Barack Obama, also dismissed several of the claims against Trump’s associates and family members, saying that the plaintiffs could not proceed with their claims against Trump’s lawyer Rudy Giuliani and his son Donald Trump Jr.
The former President’s actions were channelized towards efforts to remain in office for an additional term. They were “unofficial acts”, hence did not justify “broad immunity.”
Judge Mehta specifically found that Mr. Trump’s comments to “fight like hell” and other exhortations uttered immediately before telling them to “go down Pennsylvania Avenue” were potentially inciting remarks.
Prosecutors and civil litigants can seldom establish that speech rises to the level of incitement in the United States since political speech is afforded some of the broadest protections under the law, he said.
His decision also allows Trump to be sued for carelessness, aiding and abetting assault, and a variety of other claims.
Trump’s lawyers said that Trump’s address before the disturbance on Jan. 6 was protected by the First Amendment and delivered as part of his official duties, for which presidents are normally immune from legal consequences.
Both arguments were rejected by Judge Mehta.
Trump was successful in getting a number of the claims rejected on a limited basis, and all of the claims against Giuliani and the younger Trump were dismissed outright.
The central issue in all three charges, is whether Trump and several groups who backed him broke an obscure post-Civil War law known as the Ku Klux Klan Act of 1871.
If the verdict is not overturned on appeal, Trump may be held accountable for financial damages related to the attack if he is found liable at trial, the outlet said.
